Sole custody is a priority for many parents in Arizona. A breakup or a divorce can cause serious legal disputes between parents who disagree on who should live with the child full-time. A parent pursuing sole custody may be concerned about the safety of their children. They may also see themselves as a more capable parent. Whatever the case may be, sole custody is possible in Arizona under certain circumstances. To learn more about this possibility, it is important to consider speaking with an experienced Arizona child custody lawyer. Call (480) 719-2558 today to book a consultation at The Sullivan Shick.
Physical vs. Legal Custody
There are two main types of custody to consider: Physical custody and legal custody. Also known as “parenting time” in Arizona, physical custody involves only the living arrangements of the children. In contrast, legal custody involves the decision-making authority of each parent. Parents may have sole legal custody and shared physical custody. Parents may also have shared legal custody and sole physical custody.
For example, two parents may have shared legal custody, giving them equal power over decisions involving the healthcare, religion, and education of their children. However, the children may only live with one of these parents full-time. Parents should understand the distinction between sole physical custody and sole legal custody.
When Is Sole Custody Awarded?
Shared legal and physical custody is the most common outcome after parents divorce or break up. This is essentially the “default” arrangement in Arizona, and it is becoming increasingly common in the modern era. Many years ago, family courts gave mothers preferential treatment when deciding who should get sole custody. Today, courts promote a gender-neutral approach without any bias toward the mother or the father.
Family Courts Only Consider the Best Interests of the Children
Parents pursuing sole custody should become familiar with the best interests of their children. This is a crucial concept in child custody battles. Although many parents believe that they already understand the best interests of the children, The Arizona Legislature defines these best interests in very specific ways. The court only considers a handful of factors when making decisions about child custody.
- The nature of the relationship between the child and the parent
- The relationship between the child and their siblings
- The home life of the child
- The connection between the child and their community
- The educational journey of the child
- The preference of the child
- The mental and physical health of the child
- The mental and physical health of the parents
- Whether either parent alienates their children from the other parent
- Whether either parent lied to the court during child custody proceedings
- Any past instances of domestic violence or child abuse
- Any use of coercion or duress by either parent while pursuing custody
- Whether either parent has completed a domestic violence education program
- Whether either parent falsely reported child abuse or neglect
- Any other factors the court considers relevant
How to Get Sole Custody of a Child
A parent who wishes to obtain sole custody should build their entire legal strategy around the best interest factors considered by Arizona family courts. If a parent attempts to argue that they should have sole custody because of their own personal desires and needs, this argument will undoubtedly fall on deaf ears. The family court only considers what is best for the child – not what is best for the parents.
How Not to Pursue Sole Custody of a Child
Based on the factors considered by family courts in this situation, it is worth identifying ineffective strategies first and foremost. Do not attempt to alienate your child from the other parent. This might include criticizing the other parent in front of the child or forcing them to “pick sides.” Even if these criticisms are valid, family courts will penalize parents who engage in alienation – making sole custody more difficult to achieve. Encourage a healthy relationship between the child and the other parent while the court considers its final decision.
Be truthful when fighting for sole custody. Many parents are tempted to fabricate or exaggerate instances of child abuse, neglect, substance abuse, and other misconduct committed by their exes. Faced with the burden of proof, however, lying parents are often exposed by family courts. Parents will be penalized for these lies with less satisfactory child custody outcomes. On the same note, avoid any coercion or duress during custody battles.
Effective Strategies for Pursuing Sole Custody
Parents seeking sole custody should attempt to convince the court that this outcome is truly in the best interests of the child. For example, they might show that the child feels more safe and secure in their family home. A parent may argue that their home is closer to a school or community center. They may claim that their home is a more conducive environment for homework – perhaps with a dedicated study area. Parents can also argue that they have a stronger, more loving relationship with the child compared to the other parent.
As long as the allegations are truthful, it is possible to achieve sole custody by proving the flaws of the other parent. These might be mental or physical health problems that prevent the parent from acting as an effective guardian. Other examples include behaviors such as parental alienation, lies, domestic violence, child abuse, child neglect, coercion, duress, or false allegations. Remember, substance abuse is a mental health issue. Parents seeking sole custody should familiarize themselves with the legal definition of domestic violence according to the Arizona Legislature, as this definition is quite broad. The experienced and dedicated Colorado family law attorneys at Sullivan Shick can provide further guidance on this topic.
How to Get Sole Custody of a Child Without Going to Court
Parents may mutually agree that sole custody is the most appropriate option. During mediation, both parents can formally agree upon this outcome without ever going to court. Although family court judges have the final say, sometimes this is truly in the best interests of the child. For example, a parent who works long hours may agree that the other parent is better suited to the role of primary caregiver.
Pros and Cons of Sole Custody
Parents seeking sole custody should take a moment to consider the pros and cons of such an outcome. Although sole custody can protect minors from dangerous and unhealthy situations, child psychologists agree that children benefit from spending time with both parents. Although it might seem difficult to spend time apart from the child, it makes sense to prioritize their psychological well-being. There is virtually no way to completely prevent the child from ever seeing their parent again. Even if one parent gains sole custody, the other parent will almost always have certain visitation rights, except in extreme circumstances.
Contact The Sullivan Shick to Discuss Child Custody
While pursuing sole custody is an understandable goal, there are many factors to consider before starting this legal battle. These include the best interests of the children, your family history, and even the distance between the two family residences. Speak with an experienced Arizona child custody lawyer to discuss these factors in more detail. Call (480) 719-2558 to book a consultation with The Sullivan Shick today.